Every citizen of the United States has rights relating to their ability to legally own a firearm. Unfortunately, for some people those rights are stripped by state and local laws. Today we will look at firearm laws as they pertain to camouflaging firearm containers. If you have questions, or are facing a firearm charge, contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
Illegal Activities Related to Camouflaging Firearm Containers in California
In California, it is illegal to manufacture, import into the state, keep for sale, offer for sale, give, lend, or possess a camouflaging firearm container. These are containers designed to hold guns while looking as though they do not hold a gun. The container is generally also designed so that the firearm can be fired without needed to removing it from the container in which it is held.
These Are Wobbler Offenses
Charges related to camouflaging firearm containers are misdemeanor charges. This means that the prosecutor can decide whether to charge it as a misdemeanor or felony. They will decide based on the defendant’s criminal history, the seriousness of the charge in front of them, and other factors. In some cases where there is a wealth of evidence against someone, a criminal defense attorney may work to have the charge reduced from a felony to a misdemeanor.
Potential Defenses to These Charges
California law makes it illegal for a person to manufacture, import, keep, buy, sell, or offer this product willfully. This means that if it was in their possession and they did not know what it was used for, then they did not break the law. This would be the argument the defense attorney would work to prove.
Other defense options include proving that the defendant was not in possession of the object, that the object does not qualify as a camouflaging firearm container, or working to have evidence thrown out if it was illegally obtained.
Potential Penalties for a Conviction
A person convicted of a misdemeanor charge of this crime could be sent to jail for a maximum of one year. If they are convicted of a felony, they could spend up to three years in prison. They could also be responsible for paying fines of up to $10,000.
Call an Attorney Today if You Are Charged with This or Other Firearms Crimes
If you are accused of committing this or another crime then your next phone call should be to an attorney who can find the best way forward for you. You can do this by calling Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.